MCI Rent Hike for New Boilers Denied

Landlord applied for MCI rent hikes based on the installation of new boilers. The DRA ruled against landlord because landlord didn't submit a required Certificate to Operate from the NYC Dept. of Environmental Protection (DEP). Landlord appealed and lost. Landlord claimed that any falure to obtain the required Certificate was due to DEP inaction beyond landlord's control. The DRA gave landlord multiple opportunities over a year-long period to submit the required DEP certificate. And review of the facts indicated that landlord delayed in forwarding information required by DEP in order to issue the Certificate to Operate. Landlord didn't verify that all required information was submitted to DEP. The fact that the DEP Certificate was issued six months after the DRA denied landlord's MCI application didn't matter.

Columbus Manor LLC & Westwood House LLC: DHCR Adm. Rev. Docket No. AT410038RO (3/22/19) [2-pg. doc.]